30-U.S.C.-826
§826 – Limitation On Certain Liability For Rescue Operations
Pathway
Title 30 > Chapter 22 > Subchapter I > Section 826
Details
- Reference: Section 826
- Legend: §826 – Limitation On Certain Liability For Rescue Operations
- USCode Year: 2013
Provision Content
(a) In general
No person shall bring an action against any covered individual or his or her regular employer for property damage or an injury (or death) sustained as a result of carrying out activities relating to mine accident rescue or recovery operations. This subsection shall not apply where the action that is alleged to result in the property damages or injury (or death) was the result of gross negligence, reckless conduct, or illegal conduct or, where the regular employer (as such term is used in this chapter) is the operator of the mine at which the rescue activity takes place. Nothing in this section shall be construed to preempt State workers’ compensation laws.
(b) Covered individual
For purposes of subsection (a), the term covered individual means an individual—
(1) who is a member of a mine rescue team or who is otherwise a volunteer with respect to a mine accident; and
(2) who is carrying out activities relating to mine accident rescue or recovery operations.
(c) Regular employer
For purposes of subsection (a), the term regular employer means the entity that is the covered employees legal or statutory employer pursuant to applicable State law.
(Pub. L. 91–173, title I, §116, as added Pub. L. 109–236, §3, June 15, 2006, 120 Stat. 496.)
References in Text
This chapter, referred to in subsec. (a), was in the original this Act, meaning Pub. L. 91–173, Dec. 30, 1969, 83 Stat. 742, known as the Federal Mine Safety and Health Act of 1977, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 801 of this title and Tables.
U.S. Encyclopedia of Law Coverage
30-U.S.C.-821 in the Legal Encyclopedia: Mining
In this entry about 30-U.S.C.-821, find legal reference material, bibliographies and premiere content related to mining in the American Encyclopedia of Law, presenting a comprehensive view of the United States mining-specific issues, written by authorities in the field.
30-U.S.C.-818 in the Legal Encyclopedia: Safety
In this entry about 30-U.S.C.-818, find legal reference material, bibliographies and premiere content related to safety in the American Encyclopedia of Law, presenting a comprehensive view of the United States safety-specific issues, written by authorities in the field.
30-U.S.C.-823A in the Legal Encyclopedia: Health
In this entry about 30-U.S.C.-823A, find legal reference material, bibliographies and premiere content related to health in the American Encyclopedia of Law, presenting a comprehensive view of the United States health-specific issues, written by authorities in the field.
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